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Zambia decisions
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Ian Murphy v Zambia Tourism Agency (Appeal No. 299 of 2023) [2025] ZMCA 75 (20 June 2025)
The Court of Appeal dismissed Ian Murphy’s appeal and upheld Zambia Tourism Agency’s cross-appeal, setting aside damages for alleged copyright infringement.
FORD CHOMBO v THE ATTORNEY GENERAL (2025/CCZ/008) [2025] ZMCC 11 (19 June 2025)
The Constitutional Court lacks jurisdiction over the petition as it is a labour-related dispute not requiring constitutional interpretation, and the proper forum is the Industrial Relations Division of the High Court. Article 189(2) does not apply retrospectively to events before 2016.
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Evans Mutale v Luxhome Properties Limited and Ors (2022/HP/0882) [2025] ZMHC 45 (19 June 2025)
The High Court held that the plaintiff’s removal as director and shareholder was invalid for non-compliance with company law and the company’s articles.
Rose Tembo v Ballore Transport and Logistics Zambia Limited (2022/HP/0644) [2025] ZMHC 58 (19 June 2025)
The Defendant failed to provide and substantiate valid reasons for termination connected to the Plaintiff's capacity or conduct as required by Section 36(3) of the Employment Act. The termination was therefore unlawful. The Plaintiff is entitled to damages equivalent to 24 months' salary, but not to damages for mental anguish due to lack of evidence.
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Lubinda Mubiana (Representing Kakumba Royal Establishment) v Dominic Timuna Kahare (Sued in his capacity as Representative of the Litoyi Royal Establishment) and Anor (APPEAL NO. 170/2024) [2025] ZMCA 90 (18 June 2025)
A court's lack of jurisdiction to hear a matter on the merits does not divest it of the discretion to make an order as to costs; the lower court exercised its discretion judicially in awarding costs to the respondents, as the appellant should have known the court lacked jurisdiction.
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Competition and Consumer Protection Commission and Anor v Syngenta Zambia Limited and Ors (APPEAL NO. 150/2024) [2025] ZMCA 92 (17 June 2025)
Court of Appeal held the respondents contravened Section 8 by an anti-competitive agreement, but not Sections 9 or 16. Penalties under Section 58(3) were upheld.
Andrew Kamanga v The Attorney General (2025/HP/0233) [2025] ZMHC 33 (17 June 2025)
The High Court held that passport seizure and travel restrictions on a bonded accused were unreasonable, and found delay in taking him before court unconstitutional.
Kapsch Trafficcom AG v Lamise Trading Limited and Anor (CAZ/08/218/2025) [2025] ZMCA 87 (17 June 2025)
The Court of Appeal dismissed an application for leave to appeal and a stay of proceedings, holding the stay request irregular and the appeal lacking prospects.
Collin Roberts v the People (APPEAL NO. 48/2024) [2025] ZMCA 99 (17 June 2025)
The conviction was upheld as the prosecution witnesses were credible and any variations in their testimony were immaterial; the medical evidence was reliable as the author testified; and the sentence of 18 months imprisonment was not excessive given the aggravating circumstances of the assault occurring in a police station and the appellant's impunity.
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Clifford Nsaya and Anor v the People (APPEAL NO. 59,60/2024; APPEAL NO. 59,60/2024) [2025] ZMCA 97 (17 June 2025)
The court found that the identification evidence of PW1 and PW4 was reliable as they knew the appellants well and had no motive to falsely implicate them. The possibility of honest mistake was properly discounted. The circumstantial evidence was overwhelming and compelling, justifying the convictions. The trial court's findings of fact were supported by the evidence and there was no misdirection.
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